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Case: Burghy v. Dayton Racquet Club - Opinion by District Judge Rice
CASE QUESTIONS:
1. What are the legal issues in this case? What did the court decide?
2. What does the FCRA require regarding disclosure and authorization for obtaining a credit report? Why did the court conclude that this employer's disclosure was in compliance with the FCRA?
3. When does an adverse action occur under the FCRA? What must an employer do before taking an adverse action based on the contents of a credit report? Why was there a "genuine issue of material fact" as to whether the employer took the required actions in this case?
4. The details of the plaintiff's finances are not divulged in the judge's decision. But even if her credit score was very low, why should that result in termination from a job that she had performed for seven years? Does it make sense to base decisions about hiring or retention on an applicant's or employee's finances and credit standing?
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